Terms of Use
Revision date: 13/07/2022
The General Conditions of Use of AsmoConnect are distinct from the general conditions of use for other services offered by Asmodee Digital, such as the utilisation of online games or applications. To find out more, we invite You to refer to the Introductory Article and to Article 3 below.
Introductory Article:
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Purpose of the General Conditions of Use
These General Conditions of Use govern utilisation of the AsmoConnect platform, accessible via the website https://account.asmodee.net of Asmodee Digital, a French société par actions simplifiée with registered share capital of 5,000 euros, having its registered office at 18, rue Jacqueline Auriol, 78280 Guyancourt, RCS Versailles registration number 818 058 216.
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Definitions
For the purposes of the General Conditions of Use, terms commencing with a capital letter, whether used in the singular or plural, have the following meanings:
- Asmodee or We or Us: means the company Asmodee Digital;
- GCU or General Conditions of Use: means these general conditions of use of the Platform;
- Asmodee Account: means the unique account of the User accessible using the User ID provided by Asmodee;
- Third-Party Account: means an account You have opened with a third-party publisher or with a partner of Asmodee Digital, such as Steam, PlayStation, Google, Microsoft Xbox Live, Nintendo or Epic Games, which may be linked to an Asmodee Account;
- Content: means the content of whatever type (notably any text, visual, photo, Nickname, avatar, etc.) of a User disseminated on the Platform by the User under their sole responsibility;
- Identification Data: means any information provided by the User enabling the latter to create an Asmodee Account (e-mail address, age, location, etc.);
- Personal Data: means the personal data of the User, within the meaning of personal data regulations, collected and processed in the context of using the Platform;
- User ID: means the combination of the Nickname and password for the Asmodee Account;
- Nickname: means a series of characters which, in combination with a password selected by You, enables You to log on to your Asmodee Account;
- Platform: means the registration platform accessible from the website https://account.asmodee.net or api.asmodee.net, governed by the GCU;
- Third-Party Platform: means any platform operated by a third party, such as App Store, Google Play or Steam;
- Policy: means the User confidentiality and Personal Data protection policy applied by Asmodee and accessible here;
- User or You: means any person with the legal capacity to enter into a contract, or holding authorisation from their legal representative for this purpose, and acting as a consumer, i.e. any natural person acting solely in order to meet their personal needs, and registering to open an Asmodee Account;
- Terminal: means the hardware (PC, tablet, smartphone, telephone, etc.) used by the User in order to use the Platform.
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Acceptance and modification of the GCU
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Acceptance of the General Conditions of Use
All utilisation of the Platform by the User is governed by the GCU. The User’s utilisation of the Platform therefore entails their unreserved acceptance of the GCU, which shall prevail over any other document. Accordingly, the User declares to have read, understood and accepted the GCU.
IF YOU REJECT ANY TERMS OF THE GCU, PLEASE DO NOT USE THE PLATFORM.
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Modification of the General Conditions of Use
Asmodee reserves the right to modify the GCU from time to time, for example in order to adapt the GCU to legislative or regulatory changes, or to modify the functionalities of the Platform.
In the event of new GCU being placed online, We will notify You via e-mail or via a notice directly accessible on the Platform when You first log on after the modification has taken place. If You reject the modified GCU, You must cease using the Platform. Continuing to use the Platform after the publication of the modified GCU shall entail your acceptance of the modified GCU.
As the GCU are liable to modification, the applicable conditions are those in force and accessible when You access the Platform.
We recommend that You print off or save a copy of the CGU for your files.
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Information and protection of minors
When registering on the Platform, You must declare your age and country of residence.
Please note that restrictions on utilisation of the Platform apply, relating to age and varying by country.
If You are a minor or under guardianship and wish to access the Platform to use all or some of its functionalities, You must read the GCU and ensure that You understand them with the help of your parents or legal representatives, and obtain their consent to use the Platform. When You register on the Platform, We therefore ask You to enter the e-mail address of your parents or legal representatives to enable them to provide their consent and to confirm the registration request.
Asmodee reserves the right to restrict or prohibit access to the Platform by minors not having reached the minimum age specified in applicable legislation, should prior consent not have been obtained from their parents or legal representatives.
The parents or legal representatives may close the minor‘s Asmodee Account at any time by forwarding an e-mail request to the administrator at the following address: https://asmodee.helpshift.com/hc.
Notwithstanding the foregoing, the Platform must be used under parental supervision; all utilisation of the Platform by a minor shall be assumed to have been approved in advance by the minor’s parents or legal representatives. Asmodee recommends that the parents or legal representatives should monitor the activities of children in their charge when using the Platform. Asmodee recommends to parents and legal representatives that they remain vigilant such that the children in their charge never disclose their Personal Data without their consent. Please be aware that Asmodee is not authorised to demand more personal data than is strictly necessary.
Unless provided for otherwise in law, Asmodee rejects all liability with regard to utilisation of the Platform by minors without consent from their parents or legal representatives.
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Functionalities of the Platform
The purpose of utilisation of the Platform is for the User to create an Asmodee Account and, as applicable, to access your Asmodee Account.
We specify that:
- Utilisation of our Beta Test programmes is subject the specific general conditions accessible via the following link: https://account.asmodee.net/en/betatests. It is specified that one of the conditions for being a beta tester is being able to communicate in English. If You are not adequately proficient in English to be able to read and understand the aforementioned general conditions, We ask You not to register for our beta test programmes.
- The other services offered by Asmodee, such as the use of online games or applications published by Asmodee or its partners, are subject to distinct general conditions which We ask You to view via the following link: https://account.asmodee.net/en/legal/terms/AsmodeeDigital.
- And, as applicable, to accept the conditions prior to use.
- Access to certain online games or applications published by Asmodee may take place via Third-Party Platforms governed by different general conditions, which We ask You to read and understand.
Presentation of the Asmodee Account
The Platform enables You to create an Asmodee Account.
Creation of an Asmodee Account offers multiple benefits:
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A single Asmodee Account:
Having a single account enables You to access all the websites and services of the Asmodee group (those having incorporated AsmoConnect).
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Play online:
You will need an AsmoConnect account to play online the Asmodee games Fantasy Flight Games and Days of Wonder, and to enter the world rankings. You may notably select a personalised avatar and monitor your game history and progression.
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Add friends:
You may add people that You like so You can locate them more easily, send them invitations to play, etc.
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Save your game information:
You can save and/or retrieve your scores, the cards You have bought (in Ticket to Ride), etc.
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Keep up to date with the latest news about games from the Asmodee group:
When creating your Asmodee Account, You have the option of registering to receive our newsletter. We recommend You activate this option to be kept up to date with all the latest developments to our games. Please rest assured that We do not send any junk mail to our Users nor share our e-mail lists.
The process for creating an Asmodee Account
In order to create an Asmodee Account, You will need to enter your Identification Data.
You may also link your Third-Party Account with your Asmodee Account and therefore be able to access the Platform directly without entering any other Identification Data. All connections to the Platform via a Third-Party Account shall be deemed to have taken place with the linked Asmodee Account. The processing of Personal Data relating to linking a Third-Party Account with an Asmodee Account is explained in the Policy.
Other Identification Data may be entered in the Account Information page on the Platform, some of which will be public and therefore may be accessed by other Users as specified in the Profile page.
Opening an Asmodee Account requires You to enter an e-mail address, the age of the User, their country of residence and, as applicable, their selected avatar (visual identity created by the User and linked to the Asmodee Account) and a password.
The User may also select a Nickname.
The Nickname is always unique; no two Users can have the same one. You will be automatically given a Nickname if You do not select your own.
You accept that the Nickname will be publicly available in accordance with the Policy. We therefore recommend that You do not use your family name, which You have the option of entering in the information section of your Asmodee Account but which will remain private.
For other Identification Data which may be made public, We ask You to refer to our Policy.
Identification Data is strictly personal. You undertake to maintain its confidentiality and not to disclose it to any third party. You alone are authorised to access and use the Platform via your Asmodee Account and your Identification Data.
All access to your Asmodee Account will automatically have been deemed to be carried out by You and under your responsibility.
It is therefore your responsibility to notify Us of any loss, theft or fraudulent use of your Identification Data without undue delay, providing us with any suitable proof of your identity. In the event of losing your password, You may gain automated access to your account by visiting the password forgotten page at https://account.asmodee.net/en/reset.
On receipt of your notification, We will forward to You an e-mail enabling You to update your Identification Data, which You must keep strictly confidential.
If We have legitimate reason to believe that the security of the Platform has been breached or that improper use of the Platform is due to unauthorised use of your Asmodee Account, Asmodee may temporarily suspend access to your Asmodee Account in order to preserve the integrity of the Platform and may subsequently, as required, demand modification of your Identification Data in line with its instructions.
Similarly, if You select an inappropriate Nickname as Identification Data for accessing your Asmodee Account, namely one that offends common decency or which infringes the rights of any third party, We reserve the right to change your Nickname or to suspend access to the Asmodee Account in question.
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Undertakings of the User
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Truthfulness and utilisation of Identification Data
When creating your Asmodee Account, You undertake to provide exact and full Identification Data and to update such Identification Data in accordance with any demands issued by Asmodee.
You may not allege or insinuate to be any other person or entity by providing false information about a parent, legal guardian or other person, notably by means of Nickname, avatar or any other information such as voice or image.
Asmodee may take measures to check the truthfulness of information supplied via the e-mail address provided with regard to the designated parent or legal guardian. In order to avoid fraud, You agree to forward the necessary authorisations and proof to Asmodee on request via e-mail, fax or letter, where such items may include a copy of your national identity card or passport, processed in accordance with the Policy.
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Rules of conduct on the Platform
Asmodee hereby authorises You to access and use the Platform in good faith and in a reasonable manner.
You acknowledge that non-compliance with any provision of the rules of conduct shall constitute a breach by You of the General Conditions of Use.
You also undertake to:
- Access and use the Platform in good faith, in a reasonable manner and in compliance with the General Conditions of Use;
- Refrain from using any device or software in order to (i) affect or attempt to affect the proper functioning of the Platform, or (ii) extract, modify or consult all or part of the Platform, even in buffer or temporary memory, or for individual utilisation;
- Refrain from creating or providing other means that enable use of the Platform by other persons, such as server emulators;
- Refrain from accessing or using the Platform for illicit purposes or in order to damage the reputation or image of Asmodee or of any User or, more generally, to infringe the intellectual property or other rights of Asmodee or of any third party, including Users, and more generally in contravention of any national or international standard or any applicable legislative, regulatory, administrative or contractual provision;
- Refrain from creating, using or disseminating "auto” or "macro" computer programmes or other techniques or software applications designed to deceive, defraud, hack, mods, trainers, robot or to use Platform via a mirror site;
- Refrain from directly or indirectly commercialising the Platform or Content or access to the Platform or access to the Content;
- Refrain from re-using or exploiting all or part of the Platform or Content, notably for commercial, collective or personal purposes, in any form whatsoever, or via a medium not authorised by Asmodee or the owners of the Content in question;
- Refrain from restricting access to or utilisation of the Platform;
- Refrain from modifying any mention or element of the Platform, including in buffer or temporary memory;
- Ensure that utilisation of the Platform does not affect or compromise the stability, security and quality of the Platform, of networks, of bandwidth or of the infrastructure of Asmodee or of other Users or third parties;
- Refrain from contravening Articles 323-1 to 323-7 of the Criminal Code on hacking;
- Refrain from using or exploiting the e-mail or postal contact details of other Users for purposes other than using the Platform, notably mass e-mailing and spamming;
- In general terms, refrain from carrying out acts of any kind whatsoever, such as the issuance, publishing or placing online of data or Content that contravenes the law or public policy or infringes the rights of Asmodee, other Users or third parties, when using the Platform or the Asmodee Account;
- Refrain from disseminating any illicit Content on the Platform, notably which infringes third-party rights, contravenes any applicable law, notably the Law of 29 July 1881 on freedom of the press, or which may infringe or violate any intellectual property right, know-how, business secrecy or personality rights of any third party (privacy, image rights, etc.), or which may be the subject of any action for unfair competition or free-riding or, more generally, any liability action;
- Refrain from disseminating Content on the Platform that may incite hate, violence or threats, or of an aggressive or pornographic nature, for purposes of pimping or paedophilia, or of an obscene, vulgar, racist, sexually explicit, violent or xenophobic nature, or which offends public decency, or for the purposes of computer piracy or proselytism, or which contains nudity or gratuitous violence, and, more generally, which may lead to any liability action;
- Refrain from collecting or intercepting, via any means not expressly authorised by Asmodee, data exchanged by other Users, or the Identification Data of any other User;
- Refrain from disseminating Content contrary to the legitimate interests of Asmodee;
- Refrain from obtaining information about other Users and the Content they publish using automated methods (such as robots, spiders, etc.)
- Refrain from downloading to the Platform any virus or malware;
- Refrain from replacing any security functionality or circumventing or avoiding any Platform access control;
- Refrain from intimidating or harassing other Users, whether via the Platform or otherwise;
- Refrain from publishing official documents or financial information about a third party;
- Refrain from promoting or publishing Content relating to alcoholic drinks or for adults without age-related restrictions;
- Refrain from allowing or encouraging non-compliance with any provision of the General Conditions of Use;
- Refrain from creating multiple Asmodee Accounts: the User undertakes to create just a single and personal Asmodee Account. If Asmodee deletes the Asmodee Account of a User for non-compliance with the General Conditions of Use as provided for in Article 6 of the GCU, the User undertakes not to create another Asmodee Account without prior authorisation from Asmodee;
- Refrain from communicating their Identification Data to any third party, or allowing anyone to access their Asmodee Account, or taking any action that may compromise the security of their Asmodee Account;
- Refrain from using the Platform by usurping the identity of a third party, including any legal entity (such as Asmodee), or by incorrectly claiming to be the legal or other representative of a third party, including any legal entity (such as Asmodee);
- Refrain from making inappropriate use of the help service or sending untruthful messages to members of Asmodee’s personnel;
- Refrain from establishing hypertext links to deep pages of the Platform designed to bypass the identification field of Users or grabbing all or part of the content of services made available by Asmodee;
- Refrain from rejecting or failing to follow instructions issued by any representative of Asmodee or passing oneself off as an employee or representative of Asmodee or of its partners, service providers or agents.
The technique of framing is prohibited, unless with prior and express authorisation from Asmodee.
Asmodee constantly innovates in order to offer Users the best possible experience. You acknowledge and accept that the form and nature of the functionalities of the Platform may be modified from time to time, without prior notice. In the context of such continuous innovation, You acknowledge and accept that Asmodee may temporarily or permanently cease to offer any of the functionalities of the Platform to You and to other Users, at its sole discretion and without notice. You may cease to use the Platform at any time. You are not required to specifically notify Asmodee should You cease to use the Platform.
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Intellectual property
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Copyright
Asmodee is holder of the intellectual property rights over both the general structure of the Platform and of its content (text, slogans, visuals, images, videos, photos, programmes and other content), to the exclusion of any Content published by the User.
Accordingly, any representation, reproduction, modification, distortion or exploitation of the Platform, whether in whole or in part and regardless of the process or medium used, is prohibited unless with prior express authorisation from Asmodee and constitutes an infringement of copyright.
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Distinctive signs
All trademarks, logos, company names, signs, trading names and domain names of Asmodee enabling access to the Platform constitute distinctive signs that may not be used without prior and express authorisation from the holder.
Any representation, reproduction or exploitation of such distinctive signs, whether in part or in whole, is therefore prohibited, where any infringement shall constitute trademark infringement or usurpation of company name, trading name or domain name which shall invoke the civil liability of the perpetrator.
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Utilisation of the Platform
The Platform is designed, published and administered by Asmodee.
The User acknowledges and accepts that access to the Content and services made available by Asmodee shall not entail any assignment of intellectual property rights in favour of the User, with the exception of any Content generated by the User as provided for in Articles 5.4 and 5.6 below.
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Content
As holder of an Asmodee Account, You may place Content on the Platform. You acknowledge that Asmodee does not guarantee the confidentiality of such Content, whether disseminated or otherwise.
Subject to the provisions of Article 5.6, You retain all of your intellectual property rights over your Content but grant limited rights to Asmodee and other Users.
Such rights are defined in Article 5.4 of the General Conditions of Use.
You acknowledge and accept that You bear sole responsibility for your own Content and for the consequences of it being disseminated, including any form of indirect dissemination via hypertext links. Asmodee does not guarantee any Content, opinion, recommendation or position expressed therein, where Asmodee expressly rejects all liability relating to such Content.
You declare and guarantee that You hold (and will continue to hold throughout your utilisation of the Platform and of your Asmodee Account) all necessary rights, licences, consents and authorisations to enable Asmodee to use your Content in accordance with the provisions of the GCU.
Asmodee reserves the right to contact You in order to obtain additional information about any Content posted, and to verify that You are the originator and hold all necessary rights.
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The rights You assign over your Content
When You place Content on the Platform, You assign:
- To Asmodee, the non-exclusive and transferable right (including the sub-licensing right), at no charge and worldwide, to use, reproduce, distribute, produce derived works, represent and exploit the Content in relation to the provision of the Platform and the business activities of Asmodee, notably, without limitation, for the promotion and redistribution of all or part of the Platform, in any format, on any medium and via any media channel;
- To each User, the non-exclusive right at no charge and worldwide to access your Content and to use, reproduce, distribute, produce derived works, represent and exploit the Content to the extent authorised with regard to the functionalities of the Platform and in accordance with the GCU.
The aforementioned rights over the Content assigned by You shall cease when You withdraw or delete your Content from the Platform.
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Databases
You irrevocably acknowledge that the Platform, including its structure and the sequencing of the Asmodee Accounts, is composed of one or more databases made available to Users by Asmodee in its capacity as producer of such databases, within the meaning of Articles L.341-1 et seq. of the Intellectual Property Code.
In accordance with Article L. 342-1 of said code, therefore, You shall refrain from:
- Extracting via permanent or temporary transfer the whole or part of any qualitatively or quantitively substantial element of the content of any database accessible via the Platform, including the structure or sequencing of the Asmodee Accounts and Content, to any other medium, via any means and in any form whatsoever, including for the purposes of utilisation or consultation by any medium or process that has not been authorised by Asmodee;
- Re-using by making available to the public the whole or part of any qualitatively or quantitively substantial element of the content of any database accessible via the Platform, including the structure or sequencing of the Asmodee Accounts and Content, to any other medium, via any means and in any form whatsoever, including via hypertext link, any medium or process that has not been authorised by Asmodee;
- Constituting, publishing, maintaining, updating, importing, exporting, making available to third parties, whether free of charge or against consideration, and from participating in any of the aforementioned acts, a competing database based on all or part of any Asmodee database;
- Displaying on a screen via a process or medium other than those Asmodee intends to disclose on the Platform, including the structure and sequencing of Asmodee Accounts and Content;
- In general terms, extracting, using, storing, reproducing, representing or retaining, whether directly or indirectly or in whole or in part, including via buffer or temporary memory, any qualitatively or quantitatively substantial element of the content of any Asmodee database, performed via any of the aforementioned processes, is strictly prohibited, including via a medium that has not been authorised by Asmodee.
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Online Content created by Users based on pre-existing Asmodee content
You declare and accept that Asmodee will be the holder of all rights relating to the Content You create online based on pre-existing Asmodee content, as and when such content is produced. By accepting the GCU, You express your agreement to the irrevocable assignment to Asmodee, free of charge, of all property rights on an exclusive basis, which You may hold over the Content You create online based on pre-existing Asmodee content, namely:
- The rights to reproduce and use Content for any purpose, via any means and on any medium, whether existing or yet to be created;
- The rights to represent Content, via any means and on any medium, whether existing or yet to be created;
- The right to translate, arrange, modify, incorporate, transform, adapt and correct Content;
- The right to commercialise and exploit Content;
- The right to transfer to third parties the utilisation or enjoyment of any or all of the rights assigned hereunder.
Such assignment of rights is granted worldwide for the term of protection of each Content created online by You based on pre-existing Asmodee content.
Should any Content created online by a User based on pre-existing Asmodee content incorporate your image or the image of a third party or content over which there may be third-party rights, You confirm your authorisation for Asmodee (and, as applicable, to have obtained authorisation on behalf of Asmodee) to reproduce and represent, without consideration of any kind, the names and images on any medium, whether existing or yet to be created (notably, but without limitation, press, digital, electronic or audiovisual), in any format, for any public communication anywhere in the world, for any use (including for advertising and/or commercial purposes), for a period of ten (10) years. Furthermore, You expressly and irrevocably authorise (and, as applicable, confirm to have obtained authorisation) for Asmodee and its beneficiaries and successors to:
- Make any modification, addition or deletion Asmodee may deem necessary for image exploitation subject to the conditions defined above;
- Associate and/or combine with the image any signature, teaser, slogan, legend, trademark, distinctive sign, legal notice, visual and, in general terms, any element of any kind that may be selected by Asmodee or its beneficiaries or successors, notably for the purpose of illustrating the communications material in which they have been incorporated.
Asmodee shall expressly refrain from using the Content in any material of a pornographic, racist or xenophobic nature or for any exploitation that may cause prejudice, and undertakes to impose the same prohibition/restriction on its beneficiaries and successors.
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Suspension/Cancellation of the Asmodee Account
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Suspension/Cancellation at the initiative of Asmodee
In the event of any breach of the GCU, notably fraud or the use of any form of dishonest techniques, Asmodee reserves the right to temporarily suspend or definitively cancel your Asmodee Account without prior notice. Asmodee will notify You via e-mail of any such suspension, including justification for the measure.
Asmodee similarly reserves the right to temporarily suspend or definitively cancel your Asmodee Account without prior notice in the event of the User having failed to comply with any other undertaking they may have made vis-à-vis Asmodee, notably in the context of using games or other services provided by Asmodee, as set out in the conditions covering such services. Asmodee will notify You via e-mail of any such suspension, including justification for the measure.
In the event of your Asmodee Account being temporarily suspended or definitively cancelled, Asmodee may delete your profile and related information You have communicated to Asmodee and, as applicable, any Content You may have published, uploaded or otherwise made available on the Platform, notably, but without limitation, your Username, Nickname and avatar. You may therefore lose such data. That being said, Asmodee reserves the right to retain your profile and any of the aforementioned Content on its servers for a reasonable period.
In the event of your account being cancelled by Asmodee, You may not create a new Asmodee Account without express authorisation from Asmodee. To this end, please contact https://asmodee.helpshift.com/hc.
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Cancellation at the initiative of the User
You may cancel your Asmodee Account at any time by operation of law and without prior notice, by clicking on “Do you wish to cancel your account?” at: https://asmodee.helpshift.com/hc.
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Hyperlinks
The Platform may contain hyperlinks to other websites that do not belong to Asmodee. Asmodee does not exercise any control over the content, the special conditions applicable to third-party offers, the general terms and conditions of sale, the personal data protection policies or the practices of third-party sites and therefore rejects all liability in this regard.
You acknowledge and accept that Asmodee is not responsible for the availability of such external sites and resources and is not responsible for any advertising, products or other links or data that may feature on or be accessible via such external sites or resources.
You acknowledge and accept that Asmodee may not be held liable for any loss or damage You may suffer due to the existence of such external sites or resources or due to the confidence You may place in the completeness, accuracy or existence of any advertising, product or other data that may feature on or be accessible via such external sites or resources.
Where, in your opinion, a link incorporates illicit or inappropriate content, You should notify us here.
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Liability, guarantee and compensation
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Access and availability of the Platform
Asmodee makes every effort to make its Platform available 24/7, outside maintenance activities.
Asmodee therefore reserves the right to suspend access to all or part of the Platform for maintenance and/or improvement works. To the extent possible, such suspensions will be notified to You in advance by Asmodee, notably via an alert message posted on the Platform. In the event of an emergency, however, Asmodee reserves the right to fully or partially suspend access to the site in whole or in part and for a reasonable period in order to carry out any required technical intervention. Such suspensions shall not establish entitlement to any compensation in favour of the User.
Providing the technical service enabling the Platform to be used, Asmodee is only bound by an obligation of means in this regard.
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Liability of the User
You alone are liable for your use of the Platform made available to You and for adhering to the GCU.
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Exclusion of guarantee
Access to the Platform requires an internet connection for which You are solely responsible.
Asmodee does not guarantee the durability of any Content that You may publish on the Platform, which may disappear for any reason. You must therefore make your own backups of the data You publish.
Regardless of the circumstances, Asmodee does not provide any guarantee for:
- Ongoing upgrading of the Platform;
- The absence of interruptions to the functionalities of the Platform, the presence of viruses or any other harmful component in the servers which operate the Platform, or that any malfunction will be corrected;
- Utilisation of the Platform meeting your needs;
- The accuracy and reliability of any information You may have obtained when using the Platform.
The Platform is provided “as is” and Asmodee provides no guarantee in this regard.
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Limitation of liability
You acknowledge that Asmodee, in its capacity as hosting provider, within the meaning of Article 6-I-7 of Law no. 2004-575 of 21 June 2004, for the Content You publish, does not exercise any a priori control over such Content and is not bound by any general obligation to monitor published Content.
Solely performing the role of hosting provider of such Content disseminated under the exclusive responsibility of the Users, Asmodee may therefore only intervene in published Content where it has been notified by a User of the existence of manifestly illicit Content.
You may contact Asmodee via the contact form available at the following address, and via the procedure described below: https://asmodee.helpshift.com/hc.
- It is important to state the date of your notification and the date on which the illicit Content was identified;
- State your surname, first name, nationality, age and e-mail address;
- Identify and describe the Content which is, in your opinion, contrary to the GCU and specify its location and the service on which the illicit Content has been identified;
- State the reasons why You believe the Content contravenes the GCU and should be removed from the Platform;
- In the case of a notification based on infringement of copyright, identify the work protected by copyright and provide any proof of the existence of such prior right and of You being authorised to act on behalf of the copyright holder;
If the notification is complete, Asmodee reserves the right to act at its sole discretion. In this regard, Asmodee may demand use of the Content to cease and/or withdraw the Content from the Platform.
Should any Content created by a User be deemed to be manifestly illicit or to contravene the GCU, Asmodee reserves the right to suspend or cancel the Asmodee Account of the User in accordance with Article 6.
Lastly, the User acknowledges and accepts that the fact of their presenting any Content disseminated by a User as being illicit for the sole purpose of obtaining its withdrawal or to cease its dissemination, yet in the knowledge that this is inaccurate, may lead to criminal action.
You acknowledge your sole liability for any damage suffered by Asmodee and/or other Users or any other third-party natural person or legal entity as a result of your utilisation of the Platform.
In any such case, Asmodee reserves the right to cancel your Asmodee Account and to take legal action based on civil and/or criminal liability in order to end the violation and seek remedy for any prejudice suffered.
Asmodee is only liable for direct damage caused by the Platform and its functionalities, apart from in the case of fraud, gross negligence, wilful misconduct, force majeure, decease or physical damage and any other exclusion provided for in legislative and regulatory provisions of public policy.
Asmodee may not be held liable for:
- Any consequential damage You may suffer, including any direct or indirect loss of profit, loss of opportunity or reputational damage;
- Any action initiated against You resulting from your non-compliant utilisation of the Platform. You acknowledge and accept in this regard that You shall be personally responsible for any claim made or action taken against Asmodee due to your non-compliant utilisation of the Platform.
- Any loss or damage You may suffer due to:
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- The inaccuracy, illegality or inadequacy of any Content provided by You or in the case of damage resulting from utilisation of Content provided by a third-party User;
- The trust placed in the completeness, accuracy or existence of any advertising or resulting from any relationship or transaction between You and any advertiser or sponsor which has placed promotional material on the Platform;
- Any change Asmodee may make to the Platform;
- In the event of the Platform being unavailable for reasons such as an electricity grid outrage, faulty cable telecommunications networks or loss of internet connection due to any public or private operator, notably the User’s private network, notably caused by strike, storm, earthquake or any other cause falling within the scope of force majeure;
- Failure by You to provide Asmodee with Identification Data;
- Your inability to maintain the security or confidentiality of your Identification Data or of your Asmodee Account data;
- Non-compliance with the law of any foreign country where the Platform may be used.
Asmodee’s limited liability in your regard shall apply whether or not Asmodee has been notified of the possibility of such losses occurring or if it must have been aware of such losses.
Asmodee’s liability may not be invoked if the performance of any of its obligations is prevented or delayed due to the occurrence of an event of force majeure, as defined in Article 1218 of the Civil Code.
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Personal Data Protection
Asmodee undertakes to respect the confidentiality of the Personal Data provide by You to Us when creating your Asmodee Account and when using the Platform, and to process such data in compliance with applicable Personal Data regulations and with the provisions of its Policy, available at https://account.asmodee.net/en/legal/privacy.
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Miscellaneous provisions
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Notifications
You accept that Asmodee may issue You with notifications, including those relating to modifications of the GCU, via e-mail, via notice posted on the Platform or via your Asmodee Account.
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Correspondence – Proof
Unless provided for otherwise in the GCU, correspondence between You and Asmodee shall mainly take place via e-mail.
Under Article 1366 et seq. of the Civil Code, You acknowledge and accept that information issued by Asmodee via e-mail and via the Platform shall have legal force between You and Asmodee.
Factors such as the timing of receipt or issuance and the quality of data received shall in the first instance be evidenced by data held on the Platform or as authenticated by Asmodee’s computerised procedures, unless You are able to provide written evidence to the contrary.
The scope of proof of information issued via the Platform and/or the computerised procedures of Asmodee shall be the same as assigned to an original in written paper format signed by hand.
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Entirety of the General Conditions of Use
The GCU constitute the entirety of the agreement between You and Asmodee with regard to your use of the Platform, cancelling and replacing any previous agreement entered into by You and Asmodee covering the Platform and its functionalities. Any other conditions of use that Asmodee or any company of its group may propose are expressly excluded from the GCU.
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Non-waiver
Should Asmodee fail to exercise or pursue any right or recourse provided for in the GCU, or which Asmodee may enjoy under any applicable law, You acknowledge that this shall not constitute any formal waiver of such rights by Asmodee, which shall retain their full force and remain exercisable by Asmodee.
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Severability
Should any provision of the GCU be ruled to be invalid by any competent court, such provision shall be cancelled without affecting the validity of the remaining terms of the GCU, Which shall retain their full force.
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Applicable law – Dispute resolution
The GCU are governed by French law and any dispute relating to the validity, interpretation, execution or termination hereof shall be brought before the competent French courts.
In the event of any dispute arising out of the GCU, their interpretation, their consequences or any document by which they may be supplemented or amended, the User is requested to contact Asmodee in the first instance in order to seek an amicable settlement.
Any complaint against Asmodee must be issued in writing at https://asmodee.helpshift.com/hc.
The User is notified that they may seek contractual mediation for any dispute, in accordance with Article L 611-1 et seq. of the Consumer Code.
To this end, You are notified by Asmodee Digital that it is a member of the CMAP (Paris Mediation and Arbitration Centre) under the aegis of the Chamber of Commerce and Industry for the Ile-de-France region, whose
- website may be accessed via this URL Refer a case to us for consumer mediation - CMAP website
- Postal address: CMAP (Consumer Mediation Service), 39 avenue Franklin D. Roosevelt, 75008 Paris.
- Telephone number: 01 44 95 11 40.
In accordance with the rules applicable to the process of mediation, all consumer disputes must in the first instance be the subject of a written complaint issued to Asmodee Digital prior to seeking mediation.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the User is notified that the European Commission has established an Online Dispute Resolution platform to facilitate the independent and non-judicial settlement of disputes between consumers and businesses in the European Union. This platform is accessible at https://webgate.ec.europa.eu/odr/.